Top Story with Tom Llamas - Thursday, September 21, 2023

Episode Date: September 22, 2023

Tonight's Top Story has the latest breaking news, political headlines, news from overseas and the best NBC News reporting from across the country and around the world.

Tonight, a special edition of Top Story, live from the U.S. Mexico border, a state of emergency declared here in Eagle Pass, Texas, as thousands and thousands of migrants pour across the southern border, the near record surge overwhelming authorities here and across the state. Tonight, President Biden sending 800 troops to the region, also offering work permits to 400,000 Venezuela in a desperate effort to get this crisis under control. Tonight we will have full coverage from our team here on the ground and later a look at the turmoil in Venezuela, the gang violence, the collapsing economy, and the hunger, sending so many refugees to America's doorstep. Emerging from the PAC, entrepreneur Vivek Ramashwamy, now pulling second behind former President Trump in the race for the Republican nomination. Are Dasha Burns going one-on-one with the long-shot candidate, how he's defending his controversial proposal to deport the American-born children of us.

undocumented immigrants. Also breaking tonight a deadly charter bus crash in New York. Two people killed and more than 40 injured when a bus carrying a high school marching band careened off a highway. What we're learning tonight about the conditions of the survivors. Out of the Foxhole, Rupert Murdoch stepping down as chairman of Fox News, how his decades at the helm of the conservative media empire changed American politics and television forever. And what he's saying tonight about his health as he hands the reins over to his son, lack of. Plus, the Elijah McLean trial underway in Colorado, the two officers who put the 23-year-old in a chokehold while he said he couldn't breathe facing manslaughter charges, why their lawyers

are arguing their actions did not cause his death. And an incredible show of strength in Georgia, a teenager pinned under a car after it flipped over on the highway, the bystanders who rushed into help, police lift that car off him and get him out. Top story starts right now. And good evening, and welcome to a special edition of Top Story live from the U.S.-Mexico border right here in Eagle Pass, Texas, where tonight the mayor has declared a state of emergency as a crush of migrants come to this town and border towns all across Texas. Just behind me here is Mexico, right across the Rio Grande.

You can see the barbed-wired fence here, but it has not stopped the influx and the migrant surge that have seen across our border this week. We want to show you another angle, just 100 yards from where we are. It is a makeshift processing center here in Eagle Pass under one of the international bridges that connects Mexico to the U.S. I spoke with the sheriff of Eagle Pass telling me that he has never ever seen anything like this. And as you can see here, migrants being processed underneath that bridge because thousands and thousands of them have shown up here. In just 24 hours, 2,500 migrants arriving at this border crossing alone, overwhelming a tiny town of Eagle Pass. Less than 30,000 people live here. And all throughout the day, migrants waiting across

the Rio Grande, crawling through barbed wire fences along the river banks to make their way into town to be processed. And the surge is not just happening here. Hundreds of migrants lined up in Silat Juarez waiting to be processed so that they can enter El Paso. Across all ports of entry. Get this, this week, 9,000 migrants illegally crossing into the U.S. approaching an all-time record. The surge pushing shelters and processing centers to their limits. Tonight, President Biden sending 800 troops to the region for support. Many of those migrants coming from Venezuela and across Central and South America, making the final leg of their journey through Mexico by train. As we reported here last night, Mexico's suspending service on many of those lines, as those

PAC's cars led to multiple injuries and even deaths. And tonight, this is sad to report at least two deaths reported in the final stretch of that treacherous journey. A three-year-old child swept away in the rushing waters of the Rio Grande yesterday. And then late today, Texas officials confirming a body was found about 200 yards north of those controversial border buoys put in place by Texas Governor Greg Abbott. In just a moment, Congressman Tony Gonzalez, who represents this district, will join us live here on top story. how he thinks the governor and President Biden are handling this crisis and what he knows about why this is happening right now this week and what help they need right now. But first, I want to lead off with my friend Morgan Chesky, who's here on the ground in Eagle Pass.

Tonight in Eagle Pass, Texas, officials say they're overwhelmed. The town now under a state of emergency in response to a massive migrant surge. In just 24 hours, 2,500 migrants crossed illegally. The mayor issuing the call for more help and resources. We need to do something to control the situation. This is not normal. It is not normal for thousands of people to simply be walking in and align without consequence. Nationwide, the border crisis is growing.

On Wednesday, a Border Patrol official tells NBC News, nearly 9,000 migrants crossed illegally, approaching the record high of more than 10,000, said in May. Tonight, President Biden is sending 800 more troops to help Border Patrol with logistics and processing migrants. The migrant surge so sudden, federal authorities shut down the international bridge here, so staff could process thousands of men, women, and children. We found many left Venezuela to make the treacherous journey. Quantos personas de Venezuela. Wow. And so this is fitting exactly with what we've been hearing

over the last several weeks. So many people coming from Venezuela. Now the Biden administration announcing a major policy change, giving temporary. legal status in nearly half a million Venezuelan migrants, allowing them to apply for work permits in the U.S., adding they'll be temporarily barred from deportation. Earlier, we met Yulia at an overcrowded shelter in San Antonio, also from Venezuela, and a mother of two. Julia, tell me her kids are in good health, but the journey was difficult, yet her family, like so many others, remains committed to going forward.

Crossing here is dangerous. Officials confirming two drownings in two days, including a three-year-old boy. Meanwhile, Republicans have blasted the Biden administration, saying its lax border policies have caused the ongoing crisis. Texas Governor Greg Abbott posting this video, writing Texas installed razor wire in Eagle Pass to stop illegal crossings. Today, the Biden administration cut that wire,

opening the floodgates. The video showing migrants crossing over after border agents cleared the fence. Morgan Chesky joins us now live here in Eagle Pass as well, just under the international bridge, one of the international bridges here that connects Mexico to Eagle Pass. So Morgan, I want to ask you, what does the mayor say they need right now and what's happening to those migrants that we see just behind you? Yeah, Tom, the mayor says they need a little bit of everything and they have gotten some of that help from the state. But he is hosting a binational discussion tomorrow that are going to have some serious stakeholders at this meeting, Tom. They're going to have Mexican law enforcement officials in addition to city officials in the neighboring

Piedras Negress. And they're also going to have board patrol officials and the mayor himself. Hopefully they can start a conversation on how to accomplish some sort of joint solution going forward. The mayor grew up in Eagle Pass, Tom. And he told me he's never, seen anything like this in his lifetime. That site that he's talking about is what you see behind me. Some of the hundred of migrants here of the thousands that have crossed in the last 24 hours. And this group in particular, Tom, we saw being held closer to where you are before being led under the shade of this bridge. They were given water. They had a chance to use the restrooms here. And right now, we know they're doing a rough head count before

busing them to another processing facility that will take down a more official account here. But Tom, I have to tell you that the mayor says that for as many people as he's seen in the last 48 hours, he's fearful of even thousands more that could be headed this way. Tom? Yeah, Morgan, the sheriff tells me the same thing. He does not think this problem is going to end anytime soon. Morgan, we thank you for your reporting. I want to turn now to some of the local representatives and some of the leaders in Washington that are trying to tackle this issue head on. The city of Eagle Pass, once again, overwhelmed by the influx of migrants. I want to bring in Republican Congressman Tony Gonzalez.

He represents this Eagle Pass district. He is the congressman who represents the largest portion of the southern border all across America. Congressman Gonzalez, thank you so much for joining us today. I have to ask you, have you been told why this happened this week? We know this problem had slowly been growing, but why is it so bad this week? Yeah, Tom, thank you for having me. And I represent a district that's over 800 miles of the southern border, two-thirds of the Texas-Mexical border. The facts are that the cartels control who goes where and when, and they determined that this week was the week as going to happen.

And if you recall, two years ago, nearly to the day, we were talking about thousands of Haitians under a bridge in Del Rio, which is also in my district. Eagle Pass is just the latest city to get overwhelmed. And the sad part of it is every single day, it feels as if we are pulling a lifeless baby out of the water. So the mental health state of my district is absolutely shattered. This is something that we've never seen before. We are certainly sounding the alarm in Texas, and we need this to come to an end. You know, Congressman, I hate to use this phrase, but it's the only one I can think of. It's a sports analogy.

It's called Flood the Zone. Are the cartels essentially flooding the zone here in Eagle Pass? Are they just sending so many migrants at once that they're overwhelming both the Border Patrol and local officials? They are, and they've been doing this for months. They just determine how much they turn the knob, the volume up or down. And in many cases, I'll give you example, in El Paso, which is 800 miles from where you're at right now. I visited a facility there not too long ago, and 200 agents were in the process. Center. Now, I visited another border patrol station down the street where they actually are trying

to apprehend people. There were only two border patrol agents out in the field. So they're absolutely trying to overwhelm border patrol agents, which they've done, but they're also overwhelming the community. In Eagle Pass in particular, a small community, the facts are they have not received one federal dollar from the Biden administration this year. Here we have millions of dollars going to New York City and these other very large cities. Meanwhile, Eagle Pass, a small little border community is getting absolutely hammered and there's no federal relief from the Biden administration. Do you blame some of the Biden administration policies and I want to let our viewers know we're

going to hear from a representative of the DHS in just a moment, but do you blame some of the Biden administration policies for the problems we're seeing right now? 100 percent, Tom, and I'm not one. I am less focused on pointing fingers and I am more focused on solving a problem and getting out of here. That's what the people in my district want. But when the Biden administration surges 800 military members to the border, that doesn't help. They need to surge immigration judges. And people need to get their cases heard in days, not years. And if they don't qualify for asylum, you send them back to the country of origin.

That's how the crisis two years ago ended with the Haitians. The other part of this, too, is it can't just be words. There has to be actions for it. You know, there has to be real tangible things. You know, when you give work visas to people that are here illegally, The Venezuelans that you mentioned, all that does is encourage more people to come over illegally. I've been a staunch advocate for legal immigration, legal work visas. What you're doing is you're punishing those that are doing it the right way,

and you're encouraging those to come over illegally. I've got to ask you, Congressman Gonzalez, the railroads were shut down because so many migrants were riding those trains. We actually did a story on this last night here on Top Story. One of the international bridges is shut down here in Eagle Pass. That's got to be millions and millions of dollars of commerce that is not entering this country or Mexico. Is it worth it? And did that have to be done because the influx was so strong? This is the part where most people don't understand.

You think you shut down a bridge or you shut down a rail cart and you're going, finally, they're doing something. But what is happening in many cases is imagine you live in Eagle Pass and you have family members in Piedas de Negra's or you go over there for shopping or to visit a doctor. sudden you can't do that. You're a legal U.S. citizen. You are getting punished for it. So this is a part where the bridge over the bridge is shut down, but under the bridge is wide open. It's once again, it's a backward policy. But this is the dangers of it. If you shut down some of the rails, these tools and parts are going to all parts of the country. This doesn't just impact Texas, but you have to do something. Just a couple of hours ago, there was a new train that arrived in Juarez. I'm hearing five to eight thousand.

people are going to be overwhelming that. So today you're talking about Eagle Pass in the next coming days. You're going to hear more about the dire situations in El Paso. Congressman Tony Gonzalez, we always thank you for your time and always for coming on top story and not being afraid to answer some tough questions. We appreciate you and again the work you're doing. We thank you for that. For more on the flow of migrants crossing the border and the challenges ahead. I want to bring in my colleague NBC News Homeland Security correspondent Julia Ainsley. So, Julia, talk to me about the flow right now. Have your sources told you why this is happening?

We just heard from Congressman Gonzalez there. I actually spoke to some migrants when we first got here. They told me it's a combination of factors. One pointed to the skies telling me that the weather is better now. Another mentioned it was easy to ride the trains. Or is it that the cartels have flooded the zone and they know certain days to come in and certain areas like Eagle Pass are going to be unmonitored? I think it's all of the above, Tom, this week for the past three years.

now has been a surge. I know it was two years ago in Del Rio, as the congressman mentioned, where we saw nearly 30,000 Haitians crowd under that bridge. Last year at this time, it was El Paso. They started doing street releases there as more and more migrants came through that part of West Texas. And here we are again this third week in September. And for a lot of migrants who decide to make the journey at the end of the summer, so say they leave in the beginning of September, they could get here, especially if they're able to use trains and buses and get here within three weeks, if they're coming from really anywhere in the Western Hemisphere. So that makes this week in particular always a heavy one.

But the numbers, I think, are higher than others predicted. We knew that there would be a dip after the end of Title 42. They had some new asylum policies that came out. There was a lot of wait and see. But as we've found through data obtained by NBC News, the new policies actually were less punitive than Title 42. There were fewer migrants being pushed back into Mexico, and Mexico will only take a certain number and there takes specific nationalities, and it takes much longer to process them than it was under Title 42. And we know that even under that policy, there were still majority of migrants came in and were released. So migrants are watching that.

They're talking to their friends who across the border, their family members, people they know who have gotten to New York and they're being sheltered there. And they're deciding that as they look at what the risks are and the benefits, they think it's work. And as soon as that calculation changes and more thinking about making the journey, and especially as those cartels tell them the time is now, we'll see a surge. And so I think the key thing to watch now is how the numbers go up in the coming weeks. Will it get even higher than 10,000? The record set in May. And most importantly, will it be the most vulnerable populations?

We've seen an uptick in families and unaccompanied minors. There are now 10,000 unaccompanied children in government custody and HHS shelters. They just opened a new one in North Carolina. we continue to see people like that three-year-old boy not making it through the river, because at times of big surges, you also see a rise in those vulnerable populations. And so I think it's a matter of how the Biden administration is handling this while also handling an increase in migrants in the cities. And they want to make it easier for those migrants to be able to assimilate while trying to send a different message to migrants who are thinking

about coming, not to come. It's a tough place for them to be in as these numbers rise. And I want to remind our viewers, we're going to hear from the Biden administration in just a moment. Julia, there's been some information put out there. I want to ask you about it. I know the Union, the Border Patrol Union, is saying 100,000 migrants have been essentially processed and released in the U.S. recently. Do we know if that stat is true? I would have to look at what the time period is where they're talking about the releasing. But certainly, there is still a lot of releasing.

Now, under the new asylum ineligibility protocols, basically, unless you can show that you already crossed through another country and you tried to claim asylum there and you were denied, technically you shouldn't be eligible here, but they can still release you and still give you a notice to appear in court, even if you've already been deemed ineligible for asylum. And so it gets into this place where there are a lot of migrants who can be released without a real clear case for asylum. In fact, some of the lawyers I interviewed in New York last week say they're inundated with cases that they know won't end in a positive asylum determination, either by a screener from the U.S. Citizenship and Immigration Services or from an immigration judge. So we're seeing more and more migrants coming in, and it also has to do with how many Mexico will take back.

And once they get full and they won't take any more back, more and more are released. We also know 177,000 migrants were released without addresses that were real where they could keep track of their cases. in just a 17-month period. That's something that the DHSIG recently put out. So definitely the releasing and sending them to these interior countries is really what is kind of making more and more Americans who aren't at the border, aren't standing in the places where you are, Tom, more aware of this issue.

And to go back to that tweet from the Border Patrol Union, they're saying from September 1st through September 20th, the Biden administration ordered the release of more than 100,000 illegal border crashers, obviously undocumented immigrants, And we'll ask the Biden administration about that. Julie, I appreciate all your time and you're reporting as well. The Biden administration rolling out those new actions, it says, will increase border enforcement

and help with the processing of work authorizations. Joining us now is Blas Nunez Net, though. He's an assistant secretary for border and immigration policy with the U.S. Department of Homeland Security. Blas, thank you so much for joining us tonight. I know you're incredibly busy. I do want to start with that tweet from the Border Patrol Union. Is that true? Is that the case?

100,000 undocumented immigrants have been processed and, released in just the month of September so far? Hi, Tom. Thanks for having me on your show this evening. You know, we have since May 11 put in place a series of measures that have strengthened the consequences that are in place at the border for individuals who cross irregularly. I'd like to take some issue with Julia's assertion that there are less consequences in place today that under Title 42, Title 42 involved absolutely no consequences other than individuals being pushed back to Mexico. And we saw individuals keep trying again and again to cross.

Under the circumvention of Lawful Pathways rule that we've implemented, you know, we have put some commonplace, some common sense constraints on individuals' ability to claim asylum. And we have removed more than 250,000 people since May 11th. That is the most people we've removed over a similar time frame, frankly, in our history. So we have consequences in place at the border today. Blas, yeah, Blas, I will say that because Julia's not here to defend herself. She is one of the best source reporters on immigration and probably one of the best reporters on immigration in this country. So I stand by her reporting. I do want to ask you something else, though, if what you say is correct, what is happening this week? Why are we seeing so many migrants, quote unquote, flood the zone,

Artels, human smugglers, basically thinking this border is completely open and just bringing a surge of 9,000 migrants in just one day across our southern border. Well, so what we have consistently said, you know, since really may and before is that all of the underlying factors that have been fueling the largest movement of people in our hemisphere and really around the world are still in place. We continue to see repressive authoritarian regimes in key countries, including Venezuela, which is where we're seeing a lot of migrants crossing the border in recent days. And we also continue to see the economic effects of the devastation caused by COVID-19 on many countries in our hemisphere. So, you know, we have been clear-eyed all along, and we've said consistently that what we're seeing at the border is really the cost of our broken immigration system. And that includes the bridge closers that the congressman just mentioned. You know, until and unless the U.S. Congress does its job here and updates are hopelessly outdated immigration and asylum statutes,

we're going to continue to see these surges that we've now seen under presidents of both parties going back more than a decade. Blas, you know, speaking of the congressman, he said Eagle Pass where we are today, which is completely overwhelmed, which is under a state of emergency, which the mayor and the sheriff who are from here saying they've never seen. seen anything like this. The congressman tells us, and this is his district, that they haven't received a single federal penny to help combat illegal immigration. And yet we've been sending millions of dollars to cities all across America like New York City, Chicago, and billions of dollars to Ukraine. How do you explain to the residents here in Eagle Pass and across the southern border that they don't have the resources or the relief they need to combat this problem?

Well, that's simply not true, Tom. We have surged resources, infrastructure, and to technology to Del Rio sector, which is Eagle Pass, as well as other points across the border. We have 2,500 National Guard personnel deployed. We just announced the deployment of 800 active duty DOD personnel. Eagle Pass and Del Rio have seen an increase in infrastructure and soft-sided facilities to process individuals who are encountered crossing unlawfully. So I simply would say that that is not true. We are, of course, constrained by our appropriations and the money that Congress has given us. We submitted a $4 billion emergency supplemental request

to continue to expand our funding for border communities, including Eagle Pass. Congress has not taken it up. So I would encourage the Congressman if he has concerns about the resources that are available to work in Congress on a bipartisan basis to pass the emergency supplemental and to reform our immigration system.

All right, Blas Dunez, Nianto, from the Department of Homeland Security. We appreciate your time as well. We thank you for coming on top story. Now to the politics of immigration in our exclusive new interview with businessman Vivek Ramoswami, who is now polling second in some early GOP primary state polls. We should say a distant second. Dasha Burns joins us now live from the campaign trail in New Albany, Ohio. And Dasha, I know you had a lengthy conversation with him.

A lot about immigration. What did you learn? Yeah. Well, Tom, as you well know, Ravaswami's policy ideas, Some of them are pretty polarizing, and his immigration proposals are no exception. He is now advocating for deporting American-born children of undocumented immigrants, children who are American citizens under the 14th Amendment. Watch. Let's say your president today, you've implemented this policy.

They're adults. They work. They pay taxes in the U.S. They vote in the U.S. Maybe they voted for you? They shouldn't be voting. But, well, right now, under current, you know, under law as it is right now, they vote, you become president, those, the 25-year-old, 30-year-old that was born to undocumented immigrants, their parents, and they themselves are deported to say they're from Venezuela. They all go back to Venezuela.

So I want to give you my full perspective on this issue because I will acknowledge this is a difficult question. And what makes this difficult question is that many people who are in this country illegally are still good people who came here for a better life for their family. And I think the only way we're going to be able to stand as a nation really committed to the rule of law is to behave in a manner that actually means it. But is this a cold turkey rip? It has to be. But I think that we will provide a path back.

through legal, meritocratic immigration for those who have demonstrated themselves to be law-abiding, contributing citizens of this country. But to be clear, you're talking about people who only speak English, who have lived in the United States their entire lives, are now going back to Guatemala, Venezuela, to countries that they know nothing about.

So you are picking the exception rather than the norm in the hard case. But to be frank, the answer includes yes. These people in the United States. So I think the right answer is we have to stand for the rule of law. can't be a nation that says, we have these laws, but we somehow turn the other direction to reward the people who broke the law.

Ramoswami, whose parents are legal immigrants, himself gained citizenship by birthright. Did your father also take the citizenship test? And is your father a citizen? He did not. And that's a choice that he has made for familial reasons. But my mother did. And I think that every immigrant who comes to this country in order to become a full voting, citizen has to do the same. And I believe in being consistent about my policies where... So your father is not a citizen of the United States? He's not. Okay. And your mother, when did your mom take the citizenship test? Was it before or after you were born? After I was born.

Dasha Byrne joins us live once again. Dasha, that was an interesting exchange you just had there. And I'm sure a personal one and not an easy one for Vivek to talk about because it is complicated. and the immigrant experience is complicated, regardless of where you stand on the political debate. How does he square up his policies with his personal experience with his parents? Well, look, he says both of his parents came to the U.S. legally.

So while he gained birthright through, while he gets citizenship through birthright, he believes that that should be legal because his parents were here legally. He takes issue with the American-born children of undocumented immigrants, those who came here illegally. That is what he believes should not take place. And he takes issue with the interpretation of the 14th Amendment that allows for that to happen.

And he has a legal interpretation of the 14th Amendment that he will argue if he were to be elected president that would take away that birthright citizenship, Tom. You know, Dosh, as I look behind me here, one of the things, Republicans, the Republican running against former President Trump knock him on is that he promised a wall. There is no wall. It was never finished. Some of it was built, but it clearly was not finished. How does Vivek and the former president, how do they differ at all in immigration?

Well, in a lot of ways, much of the Republican Party and these current candidates, they are really, there's not a ton of daylight between them in terms of policy. One thing, though, that the former president said just yesterday in Iowa, he's trying to harden his stance as so many Republicans are seeing what's happening at the border now and are calling for more action from Republicans. He said in Iowa that if he were elected, he would immediately invoke the Alien Enemies Act to, quote, remove all known or suspected gang members, drug dealers, and cartel members from the United States. Now, that act would essentially grant him the unilateral power to detain and deport non-citizens in the United States who are older than 14 years old, Tom. And that is an act that's meant to be a wartime measure. It was notably invoked during World War II by Franklin Delano Roosevelt, invoked after the bombing of Pearl Harbor for when the government detained thousands of Japanese, German, and Italian national. So that's what Trump is looking to do.

But again, as Republicans see what's happening under the Biden administration, these candidates are pushing further and further to the right, harsher and harsher immigration policies to contrast with what they're seeing right now. All right, Dasha Burns with a very big interview, Dasha, we always appreciate your reporting. And we will have much more from the border throughout this show, but we want to turn out to some other breaking news we're following tonight, that deadly bus crash northwest of New York City, a charter bus carrying high schools students plunging off a highway and down an embankment today. Emily Akeda has the latest.

Tonight, a chilling scene in New York, where a charter bus packed full of students heading to band camp, crashed and rolled down an embankment into the median of a busy highway. Get to the scene. We're going to need all your equipment. Several people medevac to local hospitals. Officials say many on board were freshmen. Every medevac is en route from the scene. While it's preliminary, it is likely that. that a faulty front tire contributed to the accident, although again, this is still under investigation. Six buses of students from Farmingdale High School

on Long Island were on their way to an annual band camp in Pennsylvania when one of them crashed just after one this afternoon, 60 miles north of New York City. A massive emergency response mobilized to the scene, a ladder leading to the buses shattered windows, ropes stretching across the embankment. This photo shows first responders,

triaging people on the side of the road. Traffic halted for hours on both sides of the interstate. Patricia Defendini relieved her grandson who was on the trip is okay. My grandson's friend was one person who was airlifted, so I don't know if he's okay or not. Students at Farmingdale High School say they were in class when they started to hear from friends injured in the crash. My friend came up to me and they were telling me what happened and like they showed me one of my friends, like her face was all blood, and I started crying and stuff.

Very emotional time. We met Edward Hoshler as he picked up his daughter from a local community college, now a reunification center. She was on one of the other buses. Just seeing her face, it's nothing apparent I want us to go through. And once you see that they're okay, then you just think immediately of everyone else. Tom, we're learning this evening. there were 44 people on board that bus that crashed down a 50-foot ravine, many of them freshmen.

Officials say two women died, ages 77 and 43, and we know there are five to six students in critical condition tonight. As we get word, the NTSB is on route to investigate. Emily and Keta for us tonight, Emily, we appreciate that. Still ahead on the special edition of Top Story, a closely watched trial underway in Colorado. The two officers who put Elijah McLean. a chokehold facing felony manslaughter charges, why their lawyers are arguing they did not cause the death. Plus, a remarkable scene in Georgia, the bystanders who rushed in to save a teenager pinned under a car. And we'll have much more from here in Eagle Pass as migrants continue to flood

the southern border, including the turmoil in Venezuela, sending so many refugees north. Stay with us. Top story. Just getting started on this Thursday night. Right now to the trial underway in the death of Elijah McLean, the young black man who died in 2019 after a violent encounter with Aurora police, two Denver area police officers who put McLean in a chokehold, now facing manslaughter charges in court. Both have pleaded not guilty. NBC's Dana Griffin reports on this very complicated story. Tonight, the two officers who restrained Elijah McLean now on trial over his death. A 23-year-old healthy man, young man just walking down the street, became a casualty. of the very people who had sworn to protect him. Aurora police officer Randy Rodima and former officer Jason Rosenblatt charged with one count each of manslaughter and criminally negligent homicide. Both officers entering a plea of not guilty.

A tragedy occurs does not mean criminality occurred, yet that's exactly what the people want you to believe. Stop, stop. They're just two of the five first responders in Aurora, Colorado, facing criminal charges in McLean's death after stopping the 23-year-old as he walked home from a convenience store. I am an introverts. Body-worn camera footage shaping up to be a key part in this trial for both sides. Please listen to Elijah's words. I can't breathe correctly because...

When Elijah is on the ground handcuffed behind his back, he is saying over and over and over again. I can't breathe. Please help me. Three other defendants will go to trial later this year, including two paramedics who administered the lethal dose of ketamine, an officer Nathan Woodyard, who placed McLean in the corroded chokehold, forcing him to lose consciousness, according to investigators.

Now, Mr. Rosenblatt, Mr. Redema, they were the cover officers. Now, as cover officers, their duty, their trained in duty, is solely to protect the primary officer. Prosecutors say the way these officers restrained McLean contributed to his death. A 23-year-old massage therapist, his family, remembering him as a kind introvert, who played as violin to comfort cats at an animal shelter. His death, a rallying point for police reform, eventually banning the carotid chokehold in Aurora and other departments across the country.

In court for this trial, Elijah's mother, Shanine McLean, seen in this powerful image, waiting for answers and justice. Dana Griffin joins us now live from Los Angeles. So, Dana, the paramedics and the primary officer on the scene are expected to go on trial next. How could those cases differ? So the two paramedics who gave the ketamine are scheduled to be tried later this year. The prosecution expects the other officer who performed the chokehold to be tried this year, but that date has not been said.

Still, the question comes down to the role everyone played on this night. Keep in mind, McLean was never accused of committing a crime and did not have a weapon. The prosecutor said his last words were, quote, Please Help Me, and that those pleas for help were ignored. Tom? Dana, Griffin, for us tonight, Dana, we appreciate it. When we come back, a closer look at the crisis in Venezuela, crisis that has led to the one right here on the border.

The gang violence, the hunger, and the poverty. forcing so many migrants to seek refuge in the U.S. and what the Biden administration is doing to deal with this particular group of refugees and the big change that just happened. That's next. We're back now with our continuing coverage on the emergency at the border

here in Eagle Pass, Texas, a small border town with less than 30,000 people. But in just 24 hours, 2,500 migrants have arrived at the border crossing behind me. A state of emergency now is in place. All of this, and that was just one day. They've been coming here in large quantities since Tuesday. Guadvanegas has been covering this story as part of our NBC news team on the ground here in Eagle Pass, Texas.

We were just talking yesterday about the trains. I had a chance to speak with some of the migrants, and I asked them why they thought this surge was happening now. They really didn't know, but a lot of them said they rode the trains and the trains were packed. Talk to us about that. Right. So the trains have not been stopped in Mexico for Ramex, the company that runs these freight trains, decided to stop them because of the large number. So we know from our colleagues that are south of the border, Tom, that the train that stopped in Moncloba had a lot of these migrants that made their way.

This is a three-hour drive. So imagine some of them have been walking for days. Yeah. For months. Yeah. But just from where the train stopped, a few days. But yeah, months because we know many of them come from Central America. And, you know, now we have this crisis, Tom.

We've been talking about the large number of migrants here, the processing time it takes. I spoke with the sheriff here in Maverick County, who told me it takes 45 minutes for one officer to process one person. He's a sheriff now, but it used to be an agent with Border Patrol. So he tells me that a lot of the people he knows with Border Patrol are now working with the processing center. So that's why they've closed some of these bridges because they need all that manpower to process. You move people here. You no longer have people here. And as we see just behind you here, we see people crossing right now.

Some people are just cooling off in the river right now. But it stands to reason that as soon as the sun goes down, that's going to change and people are going to keep trying to cross over. As already we've seen agents sort of, I don't want to say disperse, but move around, maybe strategically, but we don't know. Have you had a chance to speak with the migrants? What is your understanding of why this surge happen now? We're hearing so many different sort of theories on it. Well, it's something that started months ago, Tom. You have to look at what's happened in Venezuela, in Nicaragua, even in Cuba.

There's been changes in Mexico when it comes to flights that can arrive in Mexico before. they would fly in and then make their way to the border. But now it's much more difficult for a lot of these migrants. So they have to walk from South America. And you've got masses of immigrants coming north, making their way north. Why now? Because maybe a lot of them were waiting for the right moment. It could be that they saw that a lot of them are arriving in the U.S.

and seeking asylum. And they said maybe, well, we want to do it as well. All we know right now, Tom, and the best indication, is that the numbers in Central America in the jungle coming out of the jungle in Panama are the highest this year. We're not even at the end of the year, but the U.N. is reporting the largest number of people coming out of the jungle before the year ends already. So we know that they're headed to the border. We know Panama said at the Darien Gap, they saw 220,000 last year. They've already seen 350,000 this year. Guad, great to have you here on the ground with us. Many of the migrants, as you heard, Gwad report, are making their way to the U.S. from Venezuela.

And right to New York City, officials say 40 percent of the migrants seeking asylum there are Venezuelan. NBC News correspondent Valerie Castro takes a look at the current state. of the South American country and why so many are fleeing. Turmoyle in Venezuela, driving millions from the country as refugees, battling a struggling economy, food insecurity, political unrest, and gang violence. This week, the government carrying out a raid at the infamous prison, the Tokoron, known as one of the country's most dangerous penitentiaries and home to the Tren de Aragua gang. More than 11,000 law enforcement officers taking back control by force

After authorities say it had become a hotel-like headquarters for gang members, which included a reported zoo, a pool, and a nightclub. Well, we're not in this moment, into the Penal of Tokoron. As you can see, there's totally tomado, this penal. And the infrastructure also, totally liberated. Images from Venezuelan government TV show inmates sitting on the ground, piles of belonging seized from insolption. the prison, clothing, luggage, ammunition, and rifles. The country's leader, Nicolas Maduro, tweeting in part, we are going towards a Venezuela free of criminal gangs.

Yet human rights groups claim many Venezuelans live in fear under Maduro's reign. He took power in 2013 after the death of polarizing leader Hugo Chavez. The U.S. does not recognize Maduro as president and has accused him of corruption, political persecution and even drug trafficking. And a 22 U.N. report finding Maduro's government acted to repress dissent through crimes against humanity, including acts of torture and sexual violence. Venezuela's murder rate also the highest in Latin America. Human rights groups have warned that millions in Venezuela are unable to access food and safe water, with more than half the country last year living in poverty.

The country, you know, you've seen a piece of car, a pedacito, because you've got to three and four days, because the pollo you have to pick it for various days. The country seeing an exodus of seven million people since 2014, according to the UN.

Venezuela is, if not the largest, one of the largest sources of refugees in the world today. It's up there with Ukraine and Syria. The only difference that there's no war in Venezuela. The political dissent and economic hardship prompting many to flee and journey north to the U.S.

That crisis now factoring into the Biden administration's decision to provide the arrivals with temporary protected status, citing Venezuela's increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions. The move, one that New York leaders have been pleading for. They're ready to work. They're willing to work. and they're not able to work. Let's give them a fighting chance and making this dream a reality. Of the more than 100,000 migrants

that have arrived in New York City since the spring of 2022, Venezuelans now make up the majority at 40%, followed by migrants from Ecuador and Colombia. Why did you to Venezuela? Well, for what they're doing, all the people,

for the economy, no, there's almost a job. Yeah, no can't live. New York City Mayor Eric Adams releasing a statement thanking the Biden administration for taking this important step that will bring hope to the thousands of Venezuelan asylum seekers currently in our care, who will now be immediately eligible for temporary protected status. But for many others, each fleeing various countries for different reasons, their future here, still a waiting game. Valerie Castro joins us now live from our New York studios. And Valerie, this isn't the first time the Biden. administration has granted temporary protected status to Venezuelans.

Tom, in addition to the 472,000, that this status will apply to the U.S. already grants TPS to 242,000 Venezuelans. The Department of Homeland Security designated Venezuela for temporary protected status in 2021. It was extended last year for another 18-month stretch beginning last September. That extension was set to expire in March of next year. Tom. Valerie Castro for us. Valerie, thank you for that. There are much more headlines from all over the country and the world. So I want to send it over to Aaron Gilcrest. We'll pick up our coverage. He is live in Washington tonight with much more. Aaron, good evening. Hey, Tom. Thank you. When we come back, dramatic images coming from Ukraine. First responders

racing to find survivors after a barrage of missiles hit key Ukrainian cities. That's next. Now on the top story's Global Watch and the barrage of missile attacks across Ukraine. Video showing the fiery aftermath in the city of Cherkesee. Firefighters digging through rubble there looking for survivors. Officials say strikes were reported in several cities from east to west, including the capital city of Kiev. A strike also hitting an energy facility causing widespread blackouts, at least two people killed and 20 hurt. A major escalation in the ongoing dispute between India and Canada over this killing of a Sikh activist. India has suspended visa applications for Canadian citizens and reduced its diplomatic staff in the country.

This comes after Canadian Prime Minister Justin Trudeau said there were credible allegations that India was behind the assassination of a Sikh activist in Vancouver in June. And Haiti will continue construction on a controversial canal that will divert water from a shared river with. the Dominican Republic closing their land, air, and sea borders between the two countries in response last week. The Dominican president saying the construction would divert water from the river and violate a treaty. Well, coming up, out of the foxhole, Rupert Murdoch stepping down as CEO of Fox News, Fox and News Corp, how his 70-year career changed American politics and television forever. And what he's saying about his health as he hands control to his son. That's next.

Back now with Top Story's news feed, nine Tennessee deputies have been indicted for the 2022 beating death of an inmate. Video from October shows multiple officers at the Shelby County Jail punching, kicking, and eventually kneeling on Gershahn Freeman's back. According to an autopsy report, he died of a heart attack while being restrained. These officers now facing charges, including second-degree murder and aggravated assault, They have pleaded not guilty to all of the charges. A group of Good Samaritans in Georgia is credited for helping police rescue a driver pinned under his car. New body camera video showing Lawrenceville officers racing to the scene of a crash when they're told the teen driver is pinned and can't breathe. The group working to lift that 3,600-pound vehicle when more people join in and eventually free him,

a young man taken to the hospital and is expected to be okay. The swimming and diving program at Boston College has been indefinitely suspended for hazing. The school says it's received credible reports that hazing had occurred within that program, but it didn't provide further information. The season was expected to begin on October 7th. And the cause of death released for Euphoria Star Angus Cloud, a coroner saying Cloud died from a lethal mix of methamphetamine, fentanyl, cocaine, and benzos. A 25-year-old is found dead at his family's home in Oakland,

California in July, his family said he'd been struggling with his mental health in the wake of his father's death. Now to a major headline in media, Rupert Murdoch announcing his retirement today, the chairman of Fox Corp and News Corp stepping down, leaving behind a legacy as one of the most influential and controversial figures in television. NBC's Chloe Malas has more. With a media legacy spanning 70 years, tonight billionaire media titan Rupert Murdoch says he's stepping down from Fox and News Corps. In a note to employees, Murdoch said the time is right for me to take on different roles. Rupert Murdoch created all of this in so much more across America and the globe. Keeping a title of Chairman Emeritus, he now passes the torch to his oldest son, Laughlin,

who will become sole chairman. At 92 years old, the decision was expected, but Murdoch noted it was not due to his health, saying our companies are in robust health as am I. Robert Murdoch passing the torch to his son, Lachlan. Do you think that things will change in how Fox News is run? I don't. For the foreseeable future, I think Lachlan's going to run the company the same way his father did. The mogul's resignation marks the end to one of the most storied and controversial careers in modern media. The Australian media titans started building his empire back in the 1980s,

buying tabloys from Australia to Britain, as well as the New York Post. But one of his biggest passions was news. In 1996, Fox News Channel was born, giving conservative voices an outlet. While Fox News has dominated cable, controversy and scandal followed, including being sued over false allegations against Dominion voting systems, resulting in a $787 million settlement earlier this year. And the firing of Tucker Carlson, one of the network's most highest rated stars. Tonight, as Murdoch passes the torch, he has made it clear he does not intend to sit on the sidelines,

saying he will remain an active member of our community. And with his son now chairman, big changes aren't expected as this transition plays out. Chloe Malas, NBC News, New York. I'm Aaron Gilchrist, Tom Yamis. We'll be back from Eagle Pass, Texas tomorrow night. More news is on the way.